Privacy Policy

Kontzamanis Graumann Smith MacMillan Inc. (also referred to as “KGS Group”, “us”, or “we”) is committed to protecting personal information which we collect and hold. This KGS Group Privacy Policy outlines how we manage personal information and safeguard your privacy, in connection with the products and services we provide (such products and services together with the site, referred to as the “Service” or “Services”). 

By using the Services, you consent to the collection, use and disclosure of your personal information by KGS Group in accordance with this Privacy Policy.

  1. Definitions

    For the purposes of this Privacy Policy, the following words and variations thereof have the following meanings:

    collection” means the act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

    consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the user or by an authorized representative. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from a user's action or inaction.

    disclosure” means making personal information available to a third party.

    employee” means an employee of KGS Group, and for the purpose of this Privacy Policy only, includes independent and other contractors performing services within KGS Group.

    personal information” means information, whether recorded or not, about an identifiable individual but not aggregated information that cannot be associated with a specific individual. Personal information does not include the name, title or business address or telephone number of an employee of an organization.

    third party” means an individual other than the user, or the user's agent, or an organization outside KGS Group.

    use” means the treatment, handling, and management of personal information by and within KGS Group.

    user” means an individual who uses the Service provided by KGS Group, including individual clients of KGS Group.

  2. Purpose of Collection, Use and Disclosure

    KGS Group may collect, use or disclose personal information generally to provide the Services, and including for the following purposes:

    1. to set up and administer client accounts;
    2. to provide the Services that you request;
    3. to process and provide bill statements, invoices and to collect amounts owing to KGS Group and to enforce their rights generally;
    4. to obtain instructions with respect to the Services;
    5. to respond to inquiries;
    6. to respond to questions, comments, requests or complaints that you submit to KGS Group;
    7. to provide Service-related announcements, newsletters and articles to you;
    8. to protect against error and fraud;
    9. to verify the identities and account information of users of the Service; and
    10. to meet legal and regulatory requirements.

    Your personal information may be collected, used or disclosed for any of these purposes set out above, or for an additional purpose that we disclose to you at the time of collection. We will not otherwise use or disclose your personal information without obtaining additional consent, except in connection with the sale of our business or unless we are otherwise required or permitted by law.

  3. Disclosure

    KGS Group may disclose your personal information to:

    1. an agent used by KGS Group to collect an outstanding account;
    2. a person who, in the reasonable judgment of KGS Group, is seeking the information as an agent of the user; and
    3. a third party or parties, where the user consents to such disclosure or disclosure is required by law.

    KGS Group is the sole owner of the personal information that we collect. We will not sell, share or rent this personal information to others. In the event we transfer personal information to a third party for processing, we will require that third party dealing with your personal information on our behalf to protect your personal information in a manner consistent with the KGS Privacy Policy or as otherwise required by law.

  4. Personal Employee Information

    If you are an employee or a potential employee of KGS Group, we may collect any of your personal employee information that is reasonably necessary for the purpose of recruiting you, or establishing, managing, evaluating or terminating your employment relationship with us, or for another purpose that we disclose to you at the time of collection. This personal employee information may include, but is not limited to, your name, address, home phone number, cell phone number, home email address, employment application/resume/CV, banking information, payroll/salary information, employment history, performance history, academic records, opinions, professional accreditation, discipline history, and details about your use of KGS Group-issued equipment including computers, cell phones and vehicles. We will only use and disclose your personal employee information as is reasonably necessary for the purpose of recruiting you, or establishing, managing, evaluating or terminating your employment relationship with us. If you have any questions or concerns about our collection, use or disclosure of your personal employee information, please contact the KGS Privacy Officer using the contact information below.

  5. Information that We Collect via the Internet

    For your convenience, you have the option to communicate with KGS Group in a variety of ways, including through emails. Unfortunately, our data transmission over the Internet cannot be guaranteed to be 100% secure. As a result, we do not represent, warrant or guarantee the security of any personal information transmitted to us over the Internet or that the personal information will be protected against disclosure, misuse or alteration, and we do not accept any liability for personal information submitted to us until that personal information is received by us. However, once we receive your personal information, we use appropriate safeguards to ensure the protection of the personal information submitted to us over the Internet consistent with this KGS Privacy Policy.

  6. Safeguarding Your Personal Information

    KGS Group is committed to safeguarding your personal information. KGS Group uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held. The methods of protection and safeguards used by KGS Group include, but are not limited to, locked filing cabinets, need-to-know access and technological measures including the use of passwords, encryption and firewalls. While KGS Group cannot guarantee that risks such as loss, theft, unauthorized access or disclosure of personal information will not occur, KGS Group will make every commercially reasonable effort to prevent such unfortunate occurrences.

    KGS Group takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information. KGS Group also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information.  Finally, KGS Group protects personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

  7. Accuracy

    KGS Group is committed to keeping your personal information as complete, up-to-date, and accurate as is necessary for the purposes for which it is to be used. KGS Group will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, KGS Group will transmit amended information to third parties having access to the personal information in question. Upon request, KGS Group will provide a user with a reasonable opportunity to review the personal information in his or her file to review its accuracy. Such personal information will be provided within a reasonable time of the request and at minimal or no cost to the user.

    Also, upon request, KGS Group will provide an account of the use and disclosure of a user’s personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, KGS Group will provide a list of organizations to which it may have disclosed personal information about the user when it is not possible to provide an actual list.

  8. Retention

    Your personal information is retained by KGS Group only as long as we need it to effectively provide our products and services to you and for a reasonable length of time thereafter in case, we need to meet any legal or government requirements, or as otherwise allowed by you.

  9. Complaints

    KGS Group will promptly investigate all complaints concerning our compliance with the Privacy Policy and our dealings with your personal information. If a complaint is found to be justified, KGS Group will take appropriate measures to resolve the complaint including, if necessary, amending KGS Group policies and procedures. A user will be informed of the outcome of the investigation regarding his or her complaint.

  10. Withdrawing Consent

    You may withdraw your consent to the collection, use or disclosure of your personal information by KGS Group at any time, subject to legal or contractual restrictions and reasonable notice. In certain circumstances, your withdrawal of consent will result in the inability of KGS Group to continue providing aspects of the Service to you. Please contact KGS Group for more information regarding the implications of withdrawing consent.

  11. Inquiries

    To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of the Privacy Policy contact the KGS Group Privacy Officer.

  12. Privacy Policy Changes

    KGS Group will review this Privacy Policy on a regular basis to ensure that it is relevant and remains current with changing technologies and laws and the evolving needs of KGS Group and its users. The most current version of the KGS Group Privacy Policy is available by contacting the KGS Group Privacy Officer.

  13. Breach of Security Safeguards Reporting

    KGS Group will report and notify breaches of security safeguards that pose a real risk of significant harm and will keep records of all breaches of security safeguards.